WHITFIELD v. MELENDEZ-RIVERA

Nos. 04-1217, 04-1218, 04-1219.

431 F.3d 1 (2005)

Justin Lee WHITFIELD; Terry Whitfield; Gail Whitfield, Plaintiffs, Appellees, v. Anibal Meléndez-Rivera; Ismael álvarez-Monge; Maria L. Lebrón-Ramos, Defendants, Appellants, Municipality of Fajardo; William Mangomé-Roldán, Defendants. Justin Lee Whitfield; Terry Whitfield; Gail Whitfield, Plaintiffs, Appellees, v. Municipality of Fajardo, Defendant, Appellant, Anibal Meléndez-Rivera; Ismael álvarez-Monge; Maria L. Lebrón-Ramos; William Mangomé-Roldán, Defendants. Justin Lee Whitfield; Terry Whitfield; Gail Whitfield, Plaintiffs, Appellees, v. Municipality of Fajardo; Anibal Meléndez-Rivera; Ismael álvarez-Monge; Maria L. Lebrón-Ramos, Defendants, William Mangomé-Roldán, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 6, 2005.


Attorney(s) appearing for the Case

Gael Mahony with whom Stephen S. Young, Holland & Knight, LLP, Etienne Totti Del Toro, and Totti & Rodriguez Diaz, were on brief, for appellant, Municipality of Fajardo.

Eileen Landron Guardiola, with whom William Vázquez Irizarry, Secretary of Justice, Ivonne Palerm, Deputy Secretary of Justice in Charge of Litigation, Eduardo Vera Ramírez and Landrón & Vera, LLP, were on brief, for appellants, Anibal Meléndez-Rivera, Ismael Álvarez-Monge and Maria L. Lebrón-Ramos.

Tessie M. Leal-Garabis, with whom Gary H. Montilla, and Quiñones & Sánchez, P.S.C., were on brief, for appellant, William Mangomé-Roldán.

John F. Nevares with whom John F. Nevares and Associates P.S.C., Camilo K. Salas III, Karen M. Fontana, and Niles, Salas, Bourque & Fontana, L.C., were on brief for appellees.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.


HOWARD, Circuit Judge.

Justin Whitfield was shot twice in the left leg by two municipal police officers as he retreated from the scene of an apparent arson at a parking garage in Fajardo, Puerto Rico. Alleging that the officers had employed excessive force, and that the mayor and the police commissioner of the city had failed to adopt and implement regulations and training programs instructing local police on the proper use of deadly force, Whitfield and his parents...

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